1. :- This petition under section 482 Criminal Procedure Code is directed against the order dated October 29, 1980 of the Judicial Magistrate No. 1, Jodhpur taking cognizance against the petitioner under Section 4(2) Rajasthan Prohibition Act, 1969 (hereinafter referred to as the Act). The controversy relates to the interpretation of Section 167(5) of the Criminal Procedure Code.

2. The relevant facts are these. For an alleged offence under Section 4(2) of the Act the petitioner was arrested on 28.1.1979. However, the charge-sheet was not filed within six months from the date of arrest and it further appears that the investigation had not been completed. The petitioner moved an application in the court on 16-10-80 with a prayer that he be discharged because the investigation had not been completed within six months. This application was ordered to be listed for arguments on 29.10.1980. On that date no order was passed on this application as a charge-sheet was then filed and the Magistrate took cognizance of the offence.

3. It is argued by the learned counsel for the petitioner that provisions of Section 167 (5) are mandatory and the Magistrate should have stopped the investi